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Three Conceptions of Human Rights (Paperback)
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Three Conceptions of Human Rights (Paperback)
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This study argues that we cannot reasonably keep on speaking as
though there is only one conception of human rights. The consensus
around certain core rights, though important, hides the fact that
very different moral sensibilities are at work. The American and
French declarations from the 18th century originate in a very
different moral sensibility than the Universal Declaration of Human
Rights from 1948. Their conceptions of humanity and its moral
destiny are totally different. The former emphasise liberty while
the latter emphasise human flourishing. The former enforces basic
rules of mutual respect and leaves the rest to the individual's own
choice, while the latter conceives human life as basically moral
prescribing an ideal of human perfection. A third and very common
conception today conceives human rights as a basic standard of
human decency, which does not exclude other moral considerations. A
basic regime of human rights leaves room for local choices in
favour of liberty, human flourishing or something else, but no
particular declaration seems to correspond to the view. This third
view seems to be of a recent date and its theoretical foundation is
such that it cannot claim any of the other declarations as its
ancestors though it might be a "mutation" or misunderstanding of
the classical 18th century declarations. A major part of this study
traces the origin of the conception of rights behind the classical
declarations, notably the Virginia declaration of 1776 and the
French declaration of 1789. This conception will be contrasted with
a perfectionist conception of morality, which only furnished itself
with a conception of human rights very late. The third conception
will be examined in the last chapter.
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